Should you be compensated for the GTX 970 issues and spec changes?

[Carfax83]

@ HumblePie, if you live in Texas but ordered the cards from Newegg which is in California, do Texas consumer laws still apply or is it California consumer laws?

 

[tential]

Whoever made that is a genius! :awe:

Glad to see people on both sides find that youtube video funny. I found it hilarous.

If you call it defending so be it. You think this way because I think someone demanding a 980 when they paid for 970 performance and not accepting a full refund is crazy? Ok if you think that is defending anything.

Because when you're wronged, you require MORE than what the product costs.

Just like the music industry. You get caught downloading a $.99 song but they'll expect $1000s+ to be made "Whole".

That's how you do these legal things. And I'm not trying to ruffle feathers here. I am giving the companies involved all a chance to make with the problem with an agreeable solution. Either the merchant, the manufacturer, or Nvidia steps up or they all don't and I'll have to decide what steps to take at that point. I won't get anything out of being a complete jackass to these companies by ranting and raving to them. I am just mentioning that there is an issue and as a consumer I am aware of the laws protecting me from such issues. I am letting them at this point make the decisions as what to do to try and make it right by me. I can not dictate what actions they must take, nor does trying to do so will make it happen.

I'm very interested in seeing how your process goes. I'm guessing the reason most companies do things like this is people do not utilize things like the consumer protection laws.

 

[SlowSpyder]

It does since Furmark forces all cards to throttle regardless of GPU type or brand. That's just a bad example. Furmark doesn't even use that much memory to begin with, and what exactly do you think furmark is showing you is wrong?

But the problem is that there is a performance issue that wouldn't otherwise be there had the GPU actually been as listed in the original specs. The true specs were not disclosed, and performance suffers in some instances because of what the real specs are, how the GPU actually functions.

 

[SlowSpyder]

@ HumblePie, if you live in Texas but ordered the cards from Newegg which is in California, do Texas consumer laws still apply or is it California consumer laws?

I am no expert, but I believe for Newegg to sell in xyz state they have to abide by that state's consumer protection rules.

 

[cmdrdredd]

But the problem is that there is a performance issue that wouldn't otherwise be there had the GPU actually been as listed in the original specs. The true specs were not disclosed, and performance suffers in some instances because of what the real specs are, how the GPU actually functions.

That performance issue doesn't apply in furmark because of the throttling and that no matter what I set I can't get it to load up close to the full vram to show any limitations in bandwidth.

It's not a good example of the issue. There are other things that can show what the problem is in some use cases.

 

[HumblePie]

I am no expert, but I believe for Newegg to sell in xyz state they have to abide by that state's consumer protection rules.

Correct.

 

[railven]

It really is sad when a consumer gives another consumer a hard time for using their consumer rights. Unless one person owns stock and it hurts their bottom line, which in that case it's even shadier.

Anyone who bought this product should look into their consumer rights. False Advertisement is wrong, you might even be able to get this on switch and bait (though probably a stretch) because some states have super strict laws for that.

I'll be telling my GTX 970 friend who just stepped up to a GTX 980 about this. Chances are he can get that upgrade for free now.

 

[garagisti]

It really is sad when a consumer gives another consumer a hard time for using their consumer rights. Unless one person owns stock and it hurts their bottom line, which in that case it's even shadier.

Anyone who bought this product should look into their consumer rights. False Advertisement is wrong, you might even be able to get this on switch and bait (though probably a stretch) because some states have super strict laws for that.

I'll be telling my GTX 970 friend who just stepped up to a GTX 980 about this. Chances are he can get that upgrade for free now.

Quoted for effect. However, i've been at times, just like the broken record which is telling buyers that they're using their cards wrong, repeating that if one's happy it's good. Then again they should not tell off others for their expectations from a product, which they bought with good money, and that the product specifications were advertised incorrectly(seemingly deliberate).

 

[R0H1T]

Isn't Nvidia a pretty large company? I'm wondering what influence there could be toward companies like AMD, Nvidia, Intel etc who might have a niche product market compared to some but are still very large corporations.

Well Amazon is bigger than Nvidia IIRC & so as everyone in the food chain is suffering due to them (i.e. Nvidia), I'd imagine AIB makers, retailers, distributors et al combined may take a stand which hopefully will eliminate any possibility of something like this happening ever again.

The point is Nvidia can & probably will get away, even after antagonizing the end users, but their own partners (in crime ) is a whole different can of worms.

 

[SolMiester]

As horrible as that video is and ironically funny as i got a 970,the people considering switching over to 980 are out of their minds honestly.

Rest of the video is horrible but that 980 part is so true,iv'e been seeing people talking about going for a 980. If people are that upset why would they even contemplate the idea of giving such a company even more money?

I would be buying a 290x without even giving it any thought if i truly wanted 4gb.

That sentence makes it sound like NV purposely duped their customers...such a company?, this isn't a conspiracy.

 

[SlowSpyder]

That sentence makes it sound like NV purposely duped their customers...such a company?, this isn't a conspiracy.

Even if it was a complete and total accident (which there is no way I buy that), the fact that they talked about an updated driver for the card and helping unsatisfied customers return cards but then did a complete turn around on those two things doesn't put Nvidia in the best light. To me it comes off as something 'such a company' would do. i think that Nvidia could handle this far better than they have so far.

 

[SniperWulf]

I would say yes. A LOT of people purchased these cards under the guise of mis-represented specs. Although the performance hasn't changed, the reality doesn't match the information that NV handed to reviewers. It's really nothing short of a bait and switch.

 

[UaVaj]

we hear you loud and clear.
no body is saying nvidia is in the clear. nvidia's hands are definitely dirty. very dirty. nvidia knew moar vram sells and choose not to disclose. and now nvidia is back peddling hard as the truth is exposed.
again - we hear you loud and clear.



the point is.

some of you are making an ant hill into a mountain. when chances are - it is not even affecting you whatsoever. so why lose sleep over in-material specs?

a private lawsuit is moot.
chances are you will win the ability to return the 970 for a full refund.
obviously there is no actual damage nor punitive damage.
is it even worth the time and effort and money invested toward such lawsuit?

class action lawsuit is even worst.
after the lawyers cut. you all be getting is left overs.

old sang definitely applies here.
"it is better to be wrong then be dead right."




as for the few folks who are running 970 x3+ and beyond 1440p+ and are probably affected by this spec. hope u get some remedy.

 

[lavaheadache]

The right thing seems to differ depending on who you ask though.





If you call it defending so be it. You think this way because I think someone demanding a 980 when they paid for 970 performance and not accepting a full refund is crazy? Ok if you think that is defending anything.

Sorry I've been trying to follow this thread on my phone so I miss some stuff. Why some people are demanding 980's for their 970's is beyond me. Never would I expect NVidia to do that. I say a refund if someone wants it or some kind of supplementary prize.

 

[superxero044]

Sorry I've been trying to follow this thread on my phone so I miss some stuff. Why some people are demanding 980's for their 970's is beyond me. Never would I expect NVidia to do that. I say a refund if someone wants it or some kind of supplementary prize.

Yeah. I definitely agree. I will be happy if they agree to a refund. I would be pretty unhappy if their resolution is a couple games that require U-Play or something though, or they continue to act like there is no problem whatsoever.

 

[WelshBloke]

Sorry I've been trying to follow this thread on my phone so I miss some stuff. Why some people are demanding 980's for their 970's is beyond me. Never would I expect NVidia to do that. I say a refund if someone wants it or some kind of supplementary prize.

I think that that has been settled as the 'middle ground'.

 

[cmdrdredd]

Yeah. I definitely agree. I will be happy if they agree to a refund. I would be pretty unhappy if their resolution is a couple games that require U-Play or something though, or they continue to act like there is no problem whatsoever.

I think it's going to be based on each individual case. I don't know if they will offer something universal to all purchasers.

 

[wand3r3r]

I do NOT expect a 980 card for my 970. I expect a card that meets the original advertised product specs of the 970 when I made my purchase.

dredd, I don't know how you are still going on and on defending a product that isn't what is stated it is on the package.

Sure the 970 is a nice card but it isn't what was advertised.

If you call it defending so be it. You think this way because I think someone demanding a 980 when they paid for 970 performance and not accepting a full refund is crazy? Ok if you think that is defending anything.

Who's demanding a 980?

 

[garagisti]

OK, so my initial suspicions of drivers already being worked to the max may after-all be correct. I wouldn't really 'hope' for much improvement in the situation, and it may only go downhill with newer more demanding games.
http://www.kitguru.net/components/g...ost-geforce-gtx-970-performance-with-drivers/

 

[waffleironhead]

Sorry I've been trying to follow this thread on my phone so I miss some stuff. Why some people are demanding 980's for their 970's is beyond me. Never would I expect NVidia to do that. I say a refund if someone wants it or some kind of supplementary prize.

It basically comes down to consumer protection laws and people's rights under them.
Once the transaction was in place, ie, the acceptance of money for the goods. The entity selling the goods is required to supply the exactly specified product, or something of higher quality. A simple refund is not going to make the purchaser whole under the law.
Some people are content to waive their rights under the law, while others are not.
These laws are in place to discourage bait and switch maneuvers, and to insure that companies are held liable for their claims.

 

[superxero044]

I contacted Newegg and they said they will contact me in 3-7 business days. Sounds like they're probably fighting with Nvidia over whose problem this is. REALLY wish I would've bought through Amazon (they didn't have stock of the Gigabyte cards...)

 

[senseamp]

It basically comes down to consumer protection laws and people's rights under them.
Once the transaction was in place, ie, the acceptance of money for the goods. The entity selling the goods is required to supply the exactly specified product, or something of higher quality. A simple refund is not going to make the purchaser whole under the law.
Some people are content to waive their rights under the law, while others are not.
These laws are in place to discourage bait and switch maneuvers, and to insure that companies are held liable for their claims.

http://www.newegg.com/Product/Produc...82E16814500362

Memory
Effective Memory Clock
7010 MHz
Memory Size
4GB
Memory Interface
256-Bit
Memory Type
DDR5

 

[waffleironhead]

http://www.newegg.com/Product/Produc...82E16814500362

That's only part of the advertised specs. The specs released by nvidia in the reviewer guide are included.

 

[senseamp]

That's only part of the advertised specs. The specs released by nvidia in the reviewer guide are included.

Are reviews advertisements?

 

[5150Joker]

Are reviews advertisements?

I think they'd be hard pressed in court to prove it is. Technically the cards are 4 GB and 256 bit and can be spun that way by their team of engineers so anyone really pursuing this in court will most likely lose if it gets that far. I'd imagine NVIDIA would be more interested in settling on a case by case basis by giving some of the loudest complainers a refund. I'd actually be disappointed if they went out of their way and gave people a 980 like they are demanding. I paid for my 980s at full price, they should have to as well.